RULES OF AUTHORITY OF HOT PURSUIT AND ITS IMPLEMENTATION IN INDONESIAN MARINE REGIONS

Abstract

To discern and analyze hot pursuit regulations under the International Admiralty
Law against foreign vessels that commit violations in the marine regions of coastal countries.
Furthermore, this study aims explicitly to scrutinize hot pursuit implementation against
foreign vessels committing abuses in the Indonesian maritime areas.
Methodology: This study is normative legal research that applies the statute approach, case
approach, historical approach, comparative approach, and conceptual approach.
Main Findings: Besidesin 1982 UNCLOS, the hot pursuit is also stipulated in the 1958
Geneva Convention. In its implementation, the hot pursuit can carried out by warships
military aircraft or other aircraft that have been given a clear mark and are recognizable as
the Government's ships or aircraft and are given authority to perform hot pursuit. Both the
procedures and mechanisms of hot pursuit in Indonesia are not stipulated in the Indonesian
laws and regulations; nonetheless, both are internally specified by the Indonesian Navy and
the Ministry of Maritime Affairs and Fisheries of the Republic of Indonesia, which include
the permission for shooting during the hot pursuit.
Applications: The change of Law Number 32 of 2014 on Marine Affairs comprises the
authority of the Indonesian Maritime Security Board to prevent the overlapping jurisdiction
with the Indonesian Navy or the Indonesian Sea and Coast Guard. Moreover, Indonesia
should make the mechanisms of hot pursuit implementation in its regions clearer through the
national laws and regulations.
Novelty/Originality: Hot pursuit is stipulated in Article 111 of 1982 UNCLOS. However, the
Law does not thoroughly specify the mechanism of hot pursuit implementation. Indonesia,
through the Indonesian Navy, the Indonesian Sea and Coast Guard (KPLP), and the
Indonesian Maritime Security Board (BAKAMLA) has been given authority to carry out hot
pursuit. Nonetheless, the Indonesian Maritime Security Board does not have specific tasks
under its jurisdiction.